On 25 Jul, Rick Welykochy wrote:
> hartr@redhat.com wrote:
>
>> 3) Following this look at the proprietary code, you contiunue hacking
>> away on the Linux kernel. Can you guarantee that you are not using
>> some technique used in the proprietary code?
>
> IANAL .. but, the "technique" is not protected by a licence. The right to
> use software source "as is" or a binary compiled version is controlled by
> licence.
>
> The "technique" would have to be protected by a patent.
Precisely - but the *effect* comes from reading the code.
> Who is to say Microsoft and other proprietary firms are not reading open
> source and garnering ideas for their own use. They can legally do that unless
> a patent applies to the ideas they are snooping through.
>
> Regarding MS's "opening of CE" ... the source is not "open" if it has
> encumberances attached.
>
> I'd like to address this issue with the shoe on the other foot. Who is to
> say proprietary firms are not illegally (i.e. against licence) copying
> open source and then proprietising it within their own closed software
> solutions. I don't believe there has yet been a test case in the courts
> for such an action.
If anyone is doing this, this is indeed a breech of many (but not all)
open source licences - it would certainly be a breach of GPL'd code.
Remember the BSD licence is an open source licence - and it specifically
permits anyone to take BSD licenced code and include it in proprietary
products. Microsoft's TCP/IP stack is an example of BSD code that is
included quite legally in a proprietary product.
You are right that there has never been a test of the GPL style licence
in the courts - but there are a number of cases known to me and others
where lawyers letters have been sent regarding just this sort of thing.
No court case was necessary as the recipient of the letter backed down.
-- Robert Hart hartr@redhat.com Red Hat Asia-Pacific, Unit 15, 23 James St, Brisbane, Qld 4006, Australia Tel +61 (0)7 3872 4808 Fax +61 (0)7 3257 4800
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